Skip to main content

Medical Malpractice Cases; What is the Standard of Care in New York?" Attorney Oginski Explains

Posted by attorney Gerald Oginski

In a medical malpractice case in New York, a doctor who is being sued is considered a medical expert. What that means is that during his deposition, which is a pretrial question and answer session under oath, I have the opportunity to ask the doctor questions as if he were an expert.

That means I can ask him opinion questions about the treatment that was rendered that calls for opinions or conclusions. In addition, I can also establish through this witness what the standards of care were for treating your particular type of medical condition.

This is important to establish a baseline of the basic standard of care that the doctor should have provided to the patient. Then I will have the doctor go through his own records to determine whether his treatment conformed to his own definition of the standard of care.

Watch the video to learn more...

Additional resources provided by the author

Author of this guide:

Was this guide helpful?

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer